Document 4/32/18 (Melr. Lib., no. 101)
- Description
- Brice, bishop of Moray recites a papal mandate of Pope Innocent [III] appointing him papal judge in the dispute between the abbot and convent of Melrose and Nobleman P[atrick], earl of Dunbar, concerning part of a certain pasture which the earl is occupying, a case which had been originally submitted to the bishop and archdeacon of St Andrews and the archdeacon of Lothian. These judges pronounced the earl in contempt after he failed to appear, and the earl then raised three dilatory exceptions and appealed to apostolic see. The case was then heard by the abbot of Holyrood, the prior of Inchcolm and A[lan], rector of Crichton, and a certain R., monk of the same monastery was called before the judges. The case was then committed to G[uala], cardinal deacon of St Mary in Porticu, papal auditor. The parties not appearing, the pope now commands that the bishop to appoint a colleague, with whom he may, after careful consideration, proceed in the hearing of the said case; and if they will not do so, the bishop is nevertheless to proceed in the matter, even if neither party appears. It was settled thus: the said earl and Patrick, his son and heir, in the presence of William, king of Scots, and David, his brother, and other good men, gave, granted and by his charter established in free, pure and perpetual alms to Melrose Abbey all the arable land called ‘Sorrowlessfield’, which William Sorrowless held of him, from the west of Leader Water towards the grange of the said monks. He also granted pasture for 500 sheep and 140 beasts, oxen or cattle, between the road which goes towards Lauder (BWK) by foot, which road is called ‘Malcholmisrode’, and Leader and from the boundaries of Kedslie (ROX) up to Fauhopeburn, saving to the earl and his heirs their wood. It was agreed between them that neither the monks nor the earl shall have houses or other lodges within the said pasture or arable land, except at Sorrowlessfield, which belongs to the monks from the earl’s gift. Neither shall the earl claim any rights beyond the said road; the monks’ animals shall have freedom to come and go. The earl also granted the monks that on six occasions, they shall have 20 cart loads of peat from the peatery next to ‘Scabbedraburch’.
- Firm date
- 6 July 1208
- Dating Notes
- 1208, Octaves of the Apostles Peter and Paul
- Place date (modern)
- Selkirk
- Place date (document)
- selechirche
- Related Place
- Selkirk
- Source for Data Entry
- Melrose Liber, i, no. 101
- Trad. ID
- Melr. Lib., no. 101
- Calendar number
- 4/32/18
- Charter type
- Settlement
- Language
- Latin
- Original (contemporary)
- yes
- Notes
- NAS, GD 55/101
Ferguson, Medieval Papal Reps., App. I, no. 25
- Document Image
-
See
the Models of Authority website for an image of this charter with transcription,
translation, etc.